Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 24 : Evidence236. Proof of entries in accounting records and documentation of banks |
| (1) | The entries in the accounting records of a bank, and any document which is in the possession of any bank and which refers to the said entries or to any business transaction of the bank, shall, upon the mere production at criminal proceedings of a document purporting to be an affidavit made by any person who in that affidavit alleges— |
| (a) | that he is in the service of the bank in question; |
| (b) | that such accounting records or document is or has been the ordinary records or document of such bank; |
[Section 236(1)(b) substituted by section 12(a) of Act No. 204 of 1993]
| (c) | that the said entries have been made in the usual and ordinary course of the business of such bank or the said document has been compiled, printed or obtained in the usual and ordinary course of the business of such bank; and |
| (d) | that such accounting records or document is in the custody or under the control of such bank, |
[Section 236(1)(d) substituted by section 12(b) of Act No. 204 of 1993]
be prima facie proof at such proceedings of the matters, transactions and accounts recorded in such accounting records or document.
| (2) | Any entry in any accounting record referred to in subsection (1) or any document referred to in subsection (1) may be proved at criminal proceedings upon the mere production at such proceedings of a document purporting to be an affidavit made by any person who in that affidavit alleges— |
| (a) | that he is in the service of the bank in question; |
| (b) | that he has examined the entry, accounting record or document in question; and |
| (c) | that a copy of such entry or document set out in the affidavit or in an annexure thereto is a correct copy of such entry or document. |
| (3) | Any party at the proceedings in question against whom evidence is adduced in terms of this section or against whom it is intended to adduce evidence in terms of this section, may, upon the order of the court before which the proceedings are pending, inspect the original of the document or entry in question and any accounting record in which such entry appears or of which such entry forms part, and such party may make copies of such document or entry, and the court shall, upon the application of the party concerned, adjourn the proceedings for the purpose of such inspection or the making of such copies. |
| (4) | No bank shall be compelled to produce any accounting record referred to in subsection (1) at any criminal proceedings, unless the court concerned orders that any such record be produced. |
| (5) | In this section— |
"document" includes a recording or transcribed computer printout produced by any mechanical or electronic device and any device by means of which information is recorded or stored; and
"entry" includes any notation in the accounting records of a bank by any means whatsoever.
[Subsection 236 substituted by section 45 of Act No. 129 of 1993]